Case Summary
Siraj M.S is the plaintiff claiming eviction, arrears of rent, and damages from the Palarivattom Metal Workers Industrial Co-operative workshop society and other defendants. The plaintiff alleges unlawful occupation and non-payment of rent since 1995.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 23,800/- as arrears of rent
Case Type
Civil Suit
Final Judgment
No
The court decreed in part directing the first defendant to pay the plaintiff Rs. 23,800/- as arrears of rent, but the other reliefs sought by the plaintiff were denied due to the suit being barred by limitation.
Why Plaintiff Won:
The plaintiff held title over the property, but was barred by limitation for other reliefs.
The plaintiff held title over the property, but was barred by limitation for other reliefs.
Losing Side's Weaknesses:
The plaintiff held title over the property, but was barred by limitation for other reliefs.
The plaintiff held title over the property, but was barred by limitation for other reliefs.
Supporting Evidence
The court found that the plaintiff holds title but could not recover possession due to limitation laws.
Judgment Evidence:
In the result, the suit is decreed in part as follows: 1) 1st defendant is directed to pay Rs. 23,800/- to the plaintiff failing which the plaintiff can realize the same from the 1st defendant and its assets. 2) No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Siraj M.S
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The Palarivattom Metal Workers Industrial Co-operative workshop society
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- P.P.Joseph
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- N.P.Xavier
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Secretary, CPI Local Area Office
- Party Role
- Defendant
- Party Name
- Shama Masood
- Relation
- D/o
Plaintiffs Documents
Sale deed No. 2614/2009, Lease deed No. 2386/71, Lawyer notice dated 30/12/2014.
Defendants Documents
Written statement filed in O.S. No. 234/2010, Judgment in O.S. 234/2010.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.P.Chaly
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.S.Sumitha
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- S.Gopakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S.Renjith
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sreekumar
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P.J.Unnikrishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P.B.Asokan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P.B.Ajay
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Rajesh K.G
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Praisheel Prakasam
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Jacob E Simon
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Refused
Description:
The plaintiff sought eviction of the defendants from the property.
Evidence:
The current suit for recovery of possession based on a notice for eviction, marked as Ext. A7, issued far beyond the prescribed period of limitation is clearly barred.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff claimed an amount of Rs. 23,800/- as arrears of rent from the first defendant.
Evidence:
In light of the finding in issue No.4, plaintiff is found entitled to a decree directing 1st defendant to pay 23,800/- as arrears of rent.
Relief Type:
Damages
Outcome:
Refused
Description:
The plaintiff sought damages at the rate of Rs. 3,000/- per month until the defendants vacate the property.
Evidence:
The plaintiff has no cause of action on the date of notice for damages.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This sale deed establishes the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document is cited to indicate the intended transfer of the building to the first defendant.
Reference:
Ext.A2
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Certificate confirming the unavailability of the original sale deed due to damage.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This deed is essential to establish the reconveyance of the property back to the plaintiff's predecessor.
Reference:
Ext.A4
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
This lease deed documents the lease of the property to the first defendant.
Reference:
Ext.A5
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This document indicates a subsequent agreement regarding rental terms.
Reference:
Ext.A6
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
This lawyer notice demanded vacation of the premises from the defendants.
Reference:
Ext.A7
Document Type:
Vakalath
Submitted By:
Plaintiff
Relevance:
This vakalath document pertains to the first defendant's engagement with legal representation.
Reference:
Ext.A10
Document Type:
Affidavit
Submitted By:
Plaintiff
Relevance:
This affidavit relates to the answers provided to interrogatories by the first defendant.
Reference:
Ext.A11
Document Type:
Plaint
Submitted By:
Defendant
Relevance:
This is a certified copy of the plaint in a previous suit relevant to the current case.
Reference:
Ext.B1
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
This judgment relates to a previous suit determining title issues similar to the current case.
Reference:
Ext.B2
Document Type:
Decree
Submitted By:
Defendant
Relevance:
This decree signifies the final determination of the previous suit involving overlapping parties.
Reference:
Ext.B3
Document Type:
Minutes of Meeting
Submitted By:
Defendant
Relevance:
This document provides context regarding the society's decisions relevant to the case.
Reference:
Ext.B4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provides an examination of the property by a court-appointed commissioner.
Reference:
Ext.C1
Document Type:
Photographs
Submitted By:
Court
Relevance:
These photographs document the state of the property involved in the dispute.
Reference:
Ext.C1(a)
Document Type:
Sketch
Submitted By:
Court
Relevance:
This sketch provides a visual depiction of the property boundaries in question.
Reference:
Ext.C1(b)
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Testimonies from involved parties, including witnesses for both plaintiff and defendant.
Reference:
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Eviction
Case Code
Case between Siraj M.S vs The Palarivattom Metal Workers Industrial Co-operative workshop society et al regarding eviction, arrears of rent and damages.
Case Code Year
Case between Siraj M.S vs The Palarivattom Metal Workers Industrial Co-operative workshop society et al regarding eviction, arrears of rent and damages.